RUPNAWAR DHANAJI DINKAR Vs. JAI BHAVANI EDUCATION SOCIETY

JUDGEMENT

(1.) By this writ petition, the petitioner seeks a direction against the respondent nos.1 and 2 to pay the salary to the petitioner from June, 1992 onwards.

(2.) The respondent no.1-State of Maharashtra has denied the liability to pay the salary. It is stated that the school was brought on 100 % grant-in-aid only in the year 2000 and a proposal for appointment of the petitioner and payment of salary to him was never submitted to the education authorities.

(3.) The respondent nos.1 and 2 have filed the affidavit-in- reply. It is stated in the affidavit-in-reply that the petitioner was working purely on temporary basis from June, 1992 and though the appointment order was issued in favour of the petitioner on 30.5.1992 appointing him on purely temporary basis, he ceased to work with the respondent nos. 1 and 2 since May/September,1998. It is stated that the writ petition for seeking the monetary benefit is filed in the year 2003. The learned counsel for the respondent nos.1 and 2 states that the relief sought by the petitioner cannot be granted in the circumstances of the case especially when the petitioner has ceased to work in the school since September, 1998. It is stated that the claim for arrears of salary could be restricted only for the period of three years before filing of the petition and since the writ petition is filed on 18.11.2003, the petitioner could have made a claim for salary only for the period from 18.11.2000. It is stated that since the petitioner has ceased to work from September 1998, the writ petition is liable to be dismissed.